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Articles Posted in Labor and Delivery Negligence

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$5.89 Million Settlement Reached in Failure to Perform Timely Cesarean Section

D.W. was born at 25 weeks gestation at Jamaica Hospital Medical Center. The baby was diagnosed as having suffered hypoxic-ischemic brain damage resulting in spastic quadriplegia. D.W. is now in the 6th grade. He attends special education classes and will never be able to live independently as a result of…

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$1.3 Million Settlement for Failure to Timely Deliver Infant

At three different obstetrics appointments during the 37th and 38th week of pregnancy, Ms. Doe’s blood pressure readings showed hypertension. When she returned for another appointment toward the end of her 38th week, she had severe hypertension and decreased fetal movement. Ms. Doe was sent to a hospital where the…

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$3 Million Structured Settlement Reached in Failure to Timely Deliver Infant, Wrongful Death, and Treat High Blood Pressure

Ms. Doe, 34, was admitted to a hospital experiencing signs and symptoms of placental abruption and preeclampsia. Although the fetal heart monitor allegedly revealed signs of fetal distress, no action was taken promptly to deliver her baby. Unfortunately, the baby died later in Ms. Doe’s womb. That night, Ms. Doe…

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$365,000 Structured Settlement in Brachial Plexus Birth Injury Case

During delivery at a hospital, newborn Destiny Coleman suffered a brachial plexus injury. The baby’s mother, individually and as her guardian, filed a lawsuit against the estate of Dr. Robert Lipari, the obstetrician who delivered her. He is now deceased. The lawsuit alleged obstetrics medical negligence. The defense argued that…

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Illinois Appellate Court Reverses Birth Injury Medical Malpractice Jury Verdict on the Basis of Faulty, Discovery Issues, and Misleading Jury Instructions

The Illinois Appellate Court for the First District vacated the decision of a Cook County Circuit Court and a jury verdict. Marilyn Perez began treatment with a fertility specialist in September 2011. On Aug. 11, 2012, she went into St. Alexius Medical Center emergency room with pelvic pain, and she…

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State Appellate Court Holds That Refusal to Excuse Juror with Connection to Defendant Physician Not an Abusive Discretion

A Washington State Appellate Court held that a trial court had not abused its discretion in allowing a juror with a connection to the defendant doctor to serve on a jury in a medical malpractice case. In this case, a child and his parents sued the obstetrician, Dr. Kevin Harrington,…

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U.S. Court of Appeals Affirms Brachial Plexus Injury Damage Award Where Conflicting Expert Testimony Was Considered

When Yong Juan Zhao gave birth to her son “S.,” the baby suffered an avoidable brachial plexus injury, which severely and permanently impaired the function of his right arm. During her pregnancy and S.’s birth, Zhao was attended by an obstetrician employed by a federally supported grant clinic in southern…

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$785,400 Settlement in Birth Injury Lawsuit for Failure to Order Timely Emergency Cesarean Section

Ms. Doe, who had a history of preeclampsia, was admitted to New York-Presbyterian Hospital to deliver her baby. She was administered Pitocin but was discontinued on order by one obstetrician before another doctor restarted it. Despite all of this, Ms. Doe’s labor failed to progress, and the fetal monitor showed…

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$7.6 Million Jury Verdict in Birth Injury Caused by Negligent Forceps Use

After Mary Hunt was diagnosed as having possible preeclampsia, she was admitted to a hospital for induction of labor. Her treating physician ordered Pitocin and transferred her to an on-call obstetrician, Dr. Larry Clark. Dr. Clark delivered Mary’s son vaginally using forceps. As a result of the difficult delivery combined…

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$23.9 Million Jury Verdict for Brain Injury to Newborn for Health Care Provider’s Failure to Properly Monitor During Labor and Delivery

Anna Scott was admitted to Jefferson Healthcare to deliver her first child. She was at first attached to a fetal heart monitor, which showed that her baby was healthy. She was then taken off the monitor for a six-hour period until her treating physician performed an artificial rupture of the…

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